Official Summary Text
SB1026 - 572R - Senate Fact Sheet
Assigned to
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PASSED BY COW
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
AMENDED
FACT SHEET FOR
S.B. 1026
alternative
schools; continuous operations; requirements
Purpose
Prohibits the
Arizona Department of Education (ADE) and the State Board of Education (SBE)
from requiring a school district governing board (governing board), alternative
education program provider or alternative school to recertify or otherwise
submit an application to continue providing an alternative education program or
alternative school.
Background
A school within
a school district or charter school is eligible to apply for alternative school
status if: 1) the district school adopts a mission statement that clearly
identifies its purpose to serve a specific student population that will benefit
from an alternative school setting, or the charter school expressly states in
the charter school's charter that its purpose is to serve a specific student
population that will benefit from an alternative school setting; 2) the
educational program and related student support services of the school aligns
with the mission and, if applicable, the charter of the school; 3) schools
offering secondary instruction that fulfills the SBE graduation requirements
offer a high school diploma; 4) the school receives current year statewide
assessment scores for the school's students; and 5) the school intends to serve
specific student populations, including students with a history of disruptive
behavioral issues or students in poor academic standing.
After a school
submits an alternative school status application, ADE must conduct a
quantitative review as outlined for student enrollment verification prior to
confirming the school's alternative status. An existing alternative school must
re-apply for alternative status each fiscal year to certify and demonstrate the
school satisfies the eligibility criteria (
ADE
).
Alternative
education
means the modification of the school course of study and adoption
of teaching methods, materials and techniques, including instructional time
models, to provide educationally for students in grades 6 through 12 who are
unable to profit from the regular school course of study and environment (
A.R.S.
� 15-796
).
There is no
anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1.
Prohibits ADE and the SBE from requiring a governing board, alternative
education program provider or alternative school, that is operating in good
standing, to recertify or otherwise submit an application
more than once in a five-year period to continue
providing an alternative education program or alternative school.
2.
Allows
ADE or the SBE to require a governing board, alternative education program
provider or alternative school to:
a)
submit an application to begin providing an alternative education
program or alternative school;
b)
provide notice before closing an existing alternative school; and
c)
demonstrate,
in a form and manner prescribed by ADE, that at least 70 percent of the
students who are enrolled in the alternative education program or alternative
school are students in grades 6 through 12 who are unable to profit from the
regular school course of study and environment.
3.
Requires ADE to annually review information that is readily available to
determine whether an alternative education program or alternative school
satisfies the eligibility requirement that at least 70 percent of the students
enrolled are students in grades 6 through 12 and unable to profit from the
regular school course of study and environment.
4.
Requires ADE, on finding that an alternative education program or
alternative school fail to meet the outlined requirements, to notify the
alternative education program or alternative school that it is not eligible for
alternative status until the SBE determines that the alternative education program
or school is in compliance.
5.
Allows a governing board, alternative education program provider or
alternative school to appeal ADE's determination to the SBE and remain eligible
for alternative status until the appeal is concluded.
6.
Specifies that an alternative education program or alternative school
may deliver the annual required instructional hours to students any day of the
week, consistent with the calendar that the alternative education program or
alternative school submits to ADE.
7.
Makes technical and conforming changes.
8.
Becomes effective on the general effective date.
Amendments Adopted by
Committee
1.
Determines that ADE and the SBE may not require recertification or
application to continue providing an alternative education program or
alternative school more than once in a five-year period.
2.
Allows ADE or SBE to require that at least 70 percent of the students
who are enrolled in an alternative education program or alternative school are
students in grades 6 through 12 who are unable to profit from the regular
school course of study and environment.
3.
Requires ADE to notify an alternative education program or alternative
school that it is not eligible for alternative status until the SBE determines
that the program or school is in compliance.
4.
Allows a governing board, alternative education program provider or
alternative school to appeal ADE's finding to the SBE and remain eligible for
alternative status until the appeal is concluded.
5.
Specifies that an alternative education program or alternative school
may deliver the annual required instructional hours to students any day of the
week, consistent with the calendar that the alternative education program or
alternative school submits to ADE.
Amendments Adopted by
Committee of the Whole
�
Requires ADE to annually review information that is readily
available to determine whether an alternative education program or alternative
school satisfies the requirement that 70 percent of enrolled students are
eligible as outlined.
Senate Action
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Prepared by Senate Research
February 25, 2026
MH/KP/ci
Current Bill Text
Read the full stored bill text
SB1026 - 572R - S Ver
Senate Engrossed
alternative schools;
continuous operations; requirements
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1026
AN
ACT
amending section 15-796, Arizona Revised
Statutes; relating to alternative education programs and alternative schools.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 15-796, Arizona Revised
Statutes, is amended to read:
START_STATUTE
15-796.
Alternative education programs; alternative schools;
requirements; funding; eligibility; appeal; definitions
A. The governing board of a school district may
contract with any public body or private person for the purpose of providing
alternative education programs or alternative schools.
B. On the approval of the parent or guardian of a
student or of a student who is an emancipated person, the superintendent of a
school district may recommend to the governing board the placement of the
student in an alternative education program or alternative school as provided
in this article.
C. An alternative education program or alternative
school may deliver the annual required
instructional time or
instructional hours prescribed
in
pursuant
to
section 15-797, subsection D or any other section to students
on any day of the week
, consistent with the calendar that the
alternative education program or alternative school submits to the department
of education
.
D. An alternative education program or alternative
school may enroll and begin to receive funding for a student without a
withdrawal form from the student's previous school if the withdrawal has been
verified in the student accountability information system and the alternative
education program or alternative school retains electronic documentation
validating the withdrawal.
E. Notwithstanding any other law, if the previous
school of a student who is enrolled in an alternative education program or
alternative school incorrectly codes the student as a graduate in the student
accountability information system, the alternative education program or
alternative school in which the student is currently enrolled may continue to
enroll the student.� On notification that a student who has been incorrectly
coded as a graduate is enrolled in an alternative education program or
alternative school, the department of education shall allocate funding for the
student beginning on the date of the student's enrollment in the alternative
education program or alternative school.
F. The department of education and
the state board of education may not require a school district governing board,
alternative education program provider or alternative school that is operating
in good standing to recertify or otherwise submit an application to continue
providing an alternative education program or alternative school pursuant to
this article
more than one time during any five-year
period.� The department or the state board may require a school district
governing board, alternative education program provider or alternative school
to:
1. Submit an application to begin
providing an alternative education program or alternative school.
2. Provide notice before closing an
existing alternative school.
3. Demonstrate, in a form and manner
prescribed by the department, that at least seventy percent of the students who
are enrolled in the alternative education program or alternative school are
students in grades six through twelve who are unable to profit from the regular
school course of study and environment.�
G.
The department
of
education
shall annually review information that is readily
available to the department to determine whether
an
alternative education program or alternative school satisfies the requirements
prescribed by subsection F, paragraph 3 of this section.
�
On finding that An alternative education program or alternative school
fails to satisfy the requirements prescribed by subsection F, paragraph 3 of
this section, the department of education shall notify the alternative
education program or alternative school that it is not eligible to use the
provisions of this article until the state board of education determines that
the program or school is in compliance.� A school district governing board,
alternative education program provider or alternative school may appeal the
department's finding to the state board of education and remains eligible to
use the provisions of this article until the appeal is concluded.
F.
H.
For
the purposes of this section:
1. "Alternative education" means the
modification of the school course of study and adoption of teaching methods,
materials and techniques, including using any instructional time models
pursuant to section 15-901.08, to provide educationally for students in
grades six through twelve who are unable to profit from the regular school
course of study and environment.
2. "Student accountability information
system" means the student accountability information system established by
section 15-1041.
END_STATUTE